Sec. 2-2. Notice and Opportunity To Be Heard

(a) Request of party. A party requesting the

court to take judicial notice of a fact shall give

timely notice of the request to all other parties.

Before the court determines whether to take the

requested judicial notice, any party shall have an

opportunity to be heard.

(b) Court’s initiative. The court may take judi­

cial notice without a request of a party to do so.

Parties are entitled to receive notice and have an

opportunity to be heard for matters susceptible of

explanation or contradiction, but not for matters

of established fact, the accuracy of which cannot

be questioned.

COMMENTARY

(a) Request of party.

Subsection (a) states what appeared to be the preferred

practice at common law. Drabik v. East Lyme, 234 Conn. 390,

ARTICLE II—JUDICIAL NOTICE

Sec.

2-1.

Judicial Notice of Adjudicative Facts

Sec.

2.2

Notice and Opportunity To Be Heard

Sec. 2-2

398, 662 A.2d 118 (1995); State ex rel. Capurso v. Flis, 144

Conn. 473, 477–78, 133 A.2d 901 (1957); Nichols v. Nichols,

126 Conn. 614, 622, 13 A.2d 591 (1940).

(b) Court’s initiative.

The first sentence is consistent with existing Connecticut

law. E.g., Connecticut Bank & Trust Co. v. Rivkin, 150 Conn.

618, 622, 192 A.2d 539 (1963). The dichotomous rule in the

second sentence represents the common-law view as

expressed in Moore v. Moore, 173 Conn. 120, 121–22, 376

A.2d 1085 (1977). Although the court in Moore suggested that

‘‘it may be the better practice to give parties an opportunity

to be heard’’ on the propriety of taking judicial notice of accurate and established facts; id., 122; it did not so require. Accord

Guerriero v. Galasso, 144 Conn. 600, 605, 136 A.2d 497

(1957).

Sec. 2-2